Dividing assets in divorce cases seems easy at first. But it requires many factual decisions. Courts must first determine what’s marital and non-marital. This can be tricky, as the date used to determine property must be set. Most courts use the date on which you marry and the date on which the divorce is filed. … Read more
Dividing retirement accounts in a divorce is a pivotal issue for many. Detailed information is needed as to what kind of retirement accounts exist (company pensions or Individual Retirement Accounts, for example) and what the balances were at the time the parties married. In addition, parties to a divorce need to consider the tax consequences … Read more
It’s officially tax season, and anyone getting a divorce should know how taxes may affect you. There are several things to consider with taxes, especially with the new Tax Cuts and Jobs Act of 2017. These include how it affects support payments, when to file jointly, and how to claim dependents. Divorce and income taxes … Read more
Summary Probate is a quicker format for those with small estates. Probate cases are used after a person has passed away. There are two basic types of probate cases in Florida – Summary and Formal. Formal probate cases involve estates which have more than $75,000.00 in assets, and are a bit more complex. A personal … Read more
Many divorces involve dividing retirement assets. Dividing these assets can be tricky. Most people have either 401-K or Individual Retirement Accounts. However, dividing these can also cause problems. The biggest issue often is deciding when to evaluate the asset. Some people want to use the date the parties separated, while others use the date on … Read more
The Florida Supreme Court has recently revised the Florida Family Law Rules. These rules outline how a case proceeds, from start to finish. This includes what is required when you file a case, and how to proceed. The Family Law Rules tell all parties what financial information is needed, and when it is due. For … Read more
The Florida court system uses Magistrates every day. However, many people do not understand their role. Magistrates are appointed by circuit judges to handle a variety of cases. They work directly under the circuit judges, running their courtroom just like a judge. In family law cases, magistrates hear divorces, modification cases, and paternity cases. … Read more
Mediation is a great resource, and all parties should try it before marching into a courtroom. I attended the Florida Dispute Resolution Center’s annual conference recently. It was refreshing to interact with so many other mediators. Without question, we all felt that mediation is a better alternative to trial. Why use mediation? The answer … Read more
Before you ever reach a trial, try using mediation. Mediation is one of the best tools around. It is also called Alternative Dispute Resolution. And it provides a way for people to resolve problems without risking it all in court. It is a great forum for outlining differences, and it provides a safe and secure … Read more
Life changes, and that’s why people often end up seeking modifications to their family law case. So where do you start? The first step is determining why you seek the change. Modifications in family law cases are common, but can be tough to prove. Generally, courts cannot change a final judgment once it is entered. … Read more